Policy 3.81

Employees and Infectious Disease or Human Immunodeficiency Virus ("HIV") Infection

1. Infectious Disease

1. Infection Control

1. Education agencies shall conform to standards promulgated by the U.S. Occupational Health and Safety Administration for the prevention of bloodborne infections.

2. All employees are required to correctly and consistently follow infection control guidelines by the district’s bloodborne pathogens exposure control plan in all settings and at all times. Equipment and supplies needed to apply infection control guidelines are available through the district warehouse. The superintendent’s designee shall be responsible for effective implementation of this plan. Employees whose job classification is included in category one (1) or category two (2) of the exposure control plan will be offered hepatitis B vaccinations at no cost.

3. When an employee has a communicable disease that endangers others, school authorities, in concurrence with the medical director for school health and the department of epidemiology at the local health department, shall inform the individual of appropriate action. Follow-up must not violate any person’s privacy.

2. Staff Development

1. All district employees identified in category one (1) or category two (2) job classifications shall participate in an annual bloodborne pathogens exposure control program that provides guidance on infection-control procedures.

3. Athletics.

1. All employees must consistently adhere to infection control guidelines in locker rooms, at play, and in athletic settings.

2. All physical education teachers and athletic program staff must complete regularly scheduled approved cardio-pulmonary resuscitation ("CPR") and first aid courses that include implementation of infection control guidelines.

2. Reasonable Accommodations

It is recognized that employees with any illness may wish to continue to work. As long as employees are able to meet acceptable performance standards and medical evidence indicates that their condition is not a threat to themselves or to others, they shall be assured continued employment. If it becomes necessary, reasonable accommodations shall be made to enable the qualified individual to continue to work. All information regarding the health of any employee shall be held in strict confidence and released only to those who have a legitimate need to know.

3. Protection of Employees

1. The board shall protect employees from exposure to infectious diseases and the risk occasioned by infectious diseases.

2. Provisions shall be made for reasonable accommodations to infected board employees.

4. Continued Employment

1. Employees with any illness, including persons with infectious diseases, shall be assured continued employment as long as they are able to meet acceptable performance standards and medical evidence indicates that their condition is not a threat to themselves or others.

2. If it becomes necessary, reasonable accommodations shall be made to enable the qualified individual to continue to work.

5. Disclosure

Employees of the board may not be compelled or required to reveal, disclose, or report that they have been tested for and/or determined to be infected by the HIV or AIDS or to submit to testing for HIV.

6. Confidentiality

If the superintendent receives notice pursuant to § 384.25(5), Fla. Stat., that an employee has tested positive for HIV/AIDS, the confidentiality requirements of § 384.29, F.S., shall be strictly adhered to.

1. No statement, report, record or writing of any material concerning such information shall be placed in any personnel file maintained for such employee.

2. If the superintendent receives notice that an employee has tested positive for HIV/AIDS, that information shall be communicated to persons who have experienced a significant exposure to the blood or body fluids of the person(s) who are the subject of the notice. The infected employee shall be advised that such notice will be given and to whom the notice will be given. The persons so advised shall at the same time be advised of the confidentiality provisions of § 384.29, F.S., and the penalty for violation of those provisions.

3. A significant exposure to the blood or bodily fluids of a person who has tested positive for HIV/AIDS is an exposure by direct contact with the body or bodily fluid of a person who has tested positive for HIV/AIDS by another person; which exposure is of the nature which carries with it the reasonable possibility of infection of the person so exposed.

4. Records of notice of a positive test for HIV/AIDS shall be maintained separate and apart from any files generally accessible by district employees or board members and any file which may be subject to public inspection under Chapter 119, F.S.

5. Any employee of the board who learns that an employee of the board has tested positive for HIV/AIDS will not communicate that information to any other employee, or the general public, or news media, or directly contact the person who has tested positive about the test results.

3.81(a) - 3.81(b)